The gemara states that"if seized, we do not take it away from him." Thus, although the courts can't collect penalties, if the damaged one went and took to compensate himself for the loss, he is allowed to keep it.
I understand that this is the halachah. But in practice this seems to be against the common good. If my ox is damaged, my only method of compensation is to go onto another's property and take money or an ox that compensates me. This would obviously be done without the blessing of the damager. How is this handled today? Is it forbidden, for the general good? If allowed, how do we alleviate obvious problems?
Barry EpsteiN, Dallas, USA
The laws of Tefisah relate to the principle of "Avid Enish Dina d'Nafshei," where Beis Din is not empowered to collect the liability, the claimant may be his own Beis Din and act on his own behalf. The Gemara on 28a discusses if one may take the law into his own hands where there is a possibility to bring the case to Din. But when he stands to lose, we surely cannot stop him from exercising his rights.
There is another case of Tefisah where one wishes to grab something which is not clearly coming to him in order to have the upper hand when the case commences. This is also allowed in some cases; however, the Ketzos ha'Choshen (4:1) cites from the Zohar that if the object in question was given to him as a Pikadon, it is highly advisable not to grab it.
D. Zupnik